Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions to the Chattanooga/Hamilton County Portion Regarding Prevention of Significant Deterioration (PSD), Nitrogen Oxides, Lead Emissions, Volatile Organic Compounds (VOC), and PMINF10/INF Revisions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-178-02-9724a; TN-179-01-9723a; FRL-5871-9]

Approval and Promulgation of Implementation Plans; Tennessee:

Approval of Revisions to the Chattanooga/Hamilton County Portion

Regarding Prevention of Significant Deterioration (PSD), Nitrogen

Oxides, Lead Emissions, Volatile Organic Compounds (VOC), and

PM10 Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Chattanooga/Hamilton County

(Chattanooga) portion of the Tennessee State Implementation Plan (SIP)

which were submitted to EPA by Tennessee, through the Tennessee

Department of Air Pollution Control (TDAPC), on December 11, 1995, and

June 26, 1996. The EPA is approving these revisions to the Chattanooga

regulations regarding nitrogen oxides, prevention of significant

deterioration (PSD), lead sources, stack heights, infectious waste

incinerators, and volatile organic compounds (VOC) reasonably available

control technology (RACT) for miscellaneous metal parts coaters and

synthesized pharmaceutical products, and PM10. At the time

of the submittal, Chattanooga/Hamilton County submitted packages from

the City of Chattanooga, Hamilton County, and the nine other

municipalities in Hamilton County. The State has certified to EPA that

the substantive codes of the County and the nine municipalities are

essentially the same as the City of Chattanooga's. Therefore EPA's

review has been limited to the City's code.

DATES: This final rule is effective October 14, 1997 unless adverse or

critical comments are received by September 11, 1997. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Written comments on this action should be addressed to Karen

C. Borel at the Environmental Protection Agency, Region 4 Air Planning

Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies of

documents relative to this action are available for public inspection

during normal business hours at the following locations. The interested

persons wanting to examine these documents should make an appointment

with the appropriate office at least 24 hours before the visiting day.

[[Page 43105]]

Reference files TN-178-02-9724, and TN-179-01-9723. The Region 4 office

may have additional background documents not available at the other

locations.

Air and Radiation Docket and Information Center (Air Docket 6102), U.S.

Environmental Protection Agency, 401 M Street, SW, Washington, DC

20460.

Environmental Protection Agency, Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303, Karen C. Borel, 404/562-

9029.

Tennessee Department of Environment and Conservation, Division of Air

Pollution Control, L & C Annex, 9th Floor, 401 Church Street,

Nashville, Tennessee 37243-1531, 615/532-0554.

Chattanooga/Hamilton County Air Pollution Control Bureau, 3511

Rossville Boulevard, Chattanooga, Tennessee 37407-2405, 615/867-4321.

FOR FURTHER INFORMATION CONTACT: Karen C. Borel at 404/562-9029.

SUPPLEMENTARY INFORMATION: On December 11, 1995, and June 26, 1996, the

State of Tennessee submitted formal revisions to the Chattanooga/

Hamilton County portion of the SIP. EPA previously approved several

portions of the December 11, 1995, submittal which were required for

Chattanooga/Hamilton County's Federally enforceable local operating

permit (FELOP) program submittal. This approval was published on

February 18, 1997 (62 FR 7160). At that time, EPA also approved

Chattanooga/Hamilton County's FELOP program pursuant to section 112 of

the Clean Air Act as amended in 1990 (CAA).

EPA is approving the revisions described herein, with the exception

of revisions to Section 4-13(b)(6) and Section 4-41, Rule 6.3(2). These

revisions deal exclusively with fees which are collected by the local

agency. The collection of fees is not part of the Federally approved

SIP, therefore, EPA will take no action on these portions of the

December 11, 1995, submittal (reference file TN 178-2). EPA is also

approving revisions to Section 4-41, Rule 25.21(6) for the surface

coating of miscellaneous metal parts and products which corrects a

previous disapproval of this rule. The previous disapproval was

published on May 8, 1990, in 55 FR 19068. This rule was disapproved at

that time because the 100 tpy limit was less stringent than the State's

regulations and was not adequate to maintain the NAAQS in Chattanooga/

Hamilton County. This level has now been revised to 25 tpy and is

approvable.

EPA is therefore approving the following revisions, as summarized

in the paragraphs below. These revisions apply only to the Chattanooga/

Hamilton County's portion of the Tennessee SIP, not the State's SIP. In

any areas where the Chattanooga/Hamilton County SIP is less stringent

or has been disapproved, the State SIP applies. All codification

references are to the City of Chattanooga's Code.

The following revisions are those included in the December 11,

1995, submittal (reference file TN 178-02). These are the revisions on

which action was not taken in the aforementioned February 18, 1997,

notice.

1. Chapter 4, Section 4-13, Certificate of Alternate Control

This section has been revised for sources who apply for and receive

a ``certificate of alternate control'' in lieu of satisfying otherwise

applicable standards of the air pollution control chapter. VOCs have

been added to the list of pollutants that a source with this

certificate may not emit in excess of the limits on their certificate.

The section has also been revised to state that the rated capacity of

the source does not change for incinerators. The phrase ``the plant''

has been changed to ``source'' throughout this section. Some additional

specific revisions to subparagraphs of the section are noted below.

Section 4-13(b)(1).--``Specific sources'' have been changed to

``emissions units.'' This section now requires that the calculations to

determine equivalence to standards limiting the pounds of VOCs per

gallon of material shall be on the basis of equivalent solids applied.

Additionally, credit for reductions of fugitive emissions is no longer

allowed.

Section 4-13(b)(3)--Formerly, modeling techniques for the source

could be approved at the discretion of the director. This has been

deleted. These techniques must now be consistent with 40 CFR part 51,

Appendix W ``Guideline on Air Quality Models.''

Section 4-13(c)--The requirement to submit alternate emission

limitations and certificate conditions to the EPA for approval has been

added to this section, as part of the process of submitting this for

incorporation into the SIP.

Section 4-13(d)--This section has been revised to apply good

engineering practice stack heights on all stack changes associated with

the alternate control limitations for particulate matter, sulfur

dioxide, carbon monoxide, and nitrogen dioxide.

Section 4-13(e)(2)--This section has been revised to require that

all pollution control equipment be kept in good operating condition at

all times. The exceptions for periods of start-up, shutdown, and

malfunctions, have been deleted.

Section 4-13(j)--The certificate, in the instance of amended

regulations covering the source on the certificate, will now become

void ninety days after the source's receipt of notice of the revised

regulations. This was previously 180 days.

2. Section 4-41, Rule 2, Regulations of Nitrogen Oxides

Rule 2.4--This rule has been revised to eliminate the phrase ``air

contaminant'' when describing ``source'' and to note that ``portland

cement plants'' and ``emergency generators'' are not regulated by this

rule, but rather by rules 2.6 and 2.7, respectively.

Rule 2.6--This rule has been added to address the nitrogen oxides

emissions limit for portland cement plants. It reads as follows:

``No portland cement plant shall cause, suffer, allow or permit

the emission of nitrogen oxides in excess of one thousand five

hundred (1500) ppm produced when averaged over any three consecutive

hour period.''

Rule 2.7--This rule has been added to address the nitrogen oxides

emission limit for emergency generators. An emergency generator that

emits more than one thousand five hundred (1500) parts per million

cannot be operated consecutively for longer than five (5) days, or for

more than a total of twenty (20) days in any calendar year. If a source

does this they must demonstrate to the director with clear and

convincing evidence that reasonable unforeseeable events beyond the

control of the source require use of the emergency generator for an

additional period of time. The source must also maintain written

records during these times.

3. Section 4-41, Rule 16.5, Emission Standards for Source Categories of

Area Sources

This rule has been added to address the emission standards for

source categories of area sources. It defines an ``area source'' for

the purposes of Rule 16.5 as any stationary source that is not a

``major source.'' It also states that the emission standards in Rule 16

do not replace the requirements of any more stringent emission

limitations. It identifies the requirements for hazardous air

pollutants as those found

[[Page 43106]]

in 40 CFR part 63. It also states that this rule must be consistent

with any enforceable agreement with the Administrator, unless the

source has been released from that agreement.

4. Section 4-41, Rule 18, Prevention of Significant Air Quality

Deterioration (PSD)

Citations throughout Rule 18 have been revised in accordance with

the changes in codification resultant from the revisions to the ``PSD

rule.''

Rule 18.1, General provisions--This rule has been revised to limit

the length of an extension of an installation permit to an additional

eighteen (18) months after the completion date specified on the

installation permit. It has also revised the title of the permit from

``construction permit'' to ``installation permit.'' Also, for phased

construction projects, the determination of best available control

technology shall be reviewed and modified no later than 18 months prior

to the commencement of construction of each independent phase of the

project.

Rule 18.2, Definitions--The definitions for the following terms

have been added or revised and are equivalent to the definitions in 40

CFR 51.100, 51.165 and 51.166: Actual emissions; Allowable emissions;

Baseline area; Baseline concentration; Major source baseline date;

Minor source baseline date; Begin actual construction; Best available

control technology (BACT); Building, structure, facility or

installation; Emissions unit; Major stationary source; Significant; Net

emissions increase; Potential to emit; Secondary emissions; Volatile

organic compounds; Electric utility steam generating unit; Pollution

control project; Representative actual annual emissions; Clean coal

technology; Temporary clean coal technology; Repowering; Reactivation

of a very clean coal-fired electric utility steam generating unit; and

Control strategy.

Rule 18.2(q)--The definition of ``legally enforceable'' has been

revised to meet Federal requirements and reads as follows: ``Legally

enforceable means all limitations and conditions which are enforceable

under local, state, or federal law, including those under this chapter

or an implementation plan, and any permit or certificate of operation

requirements established pursuant to this chapter.''

Rule 18.2(x)--The definition of ``pollutant'' has been added as

follows: ``Pollutant means any air contaminant as defined in section 4-

2 or combination of such air contaminants, including any physical,

chemical, biological, or radioactive (including source material,

special nuclear material, and byproduct material) air contaminant which

is emitted into or otherwise enters the ambient air. Such term includes

any precursors to the formation of any such air contaminants, to the

extent the U.S. Environmental Protection Agency has identified such

precursor or precursors for the particular purpose for which the term

``pollutant'' is used.''

Rule 18.2(dd)--The definition of ``welfare'' has been added as

follows: ``Welfare means any effects on soils, water, crops,

vegetation, manmade materials, animals, wildlife, visibility, weather

and climate, damage to and deterioration of property, and hazards to

transportation, as well as effects on economic values and on personal

comfort and well-being, whether those effects are caused directly or by

transformation, conversion, or combination with other air pollutants.''

Rule 18.3(d)--This rule has been revised to change the exemption to

preconstruction air quality analysis for a proposed major stationary

source or major modification whose emissions increases causes air

quality impacts of less than 10 ug/m3 for PM10

rather than total suspended particulates. This rule has also been

revised to add the amount of VOCs impacting ozone formation that may be

exempted. Previously this stated that ``no de minimis level

established.'' This has been revised to add to that definition as

follows: ``but any net increase of 100 tons/year or more of volatile

organic compounds subject to the PSD rule may not be exempted from

ambient impact analysis as required by Rule 18.4(I).'' (Rule 18.4(I)

contains the requirements for the air quality analysis.)

Rule 18.3(f)--This requirement has been added in accordance with 40

CFR 51.166(f)(iii) to clarify source impact analysis as follows:

``Source impact analysis otherwise required by Rule 18.4 does not apply

to a stationary source or modification with respect to any maximum

allowable increase for nitrogen oxides if the owner or operator of the

source or modification submitted an installation and temporary

operating permit application before the provisions embodying the

maximum allowable increase took effect as part of this chapter and the

director subsequently determined that the application was submitted

before that date was complete.''

Rule 18.4(a)--This paragraph has been modified to reference the PSD

rule rather than ``appropriate enforcement actions.''

Rule 18.4(b)--This paragraph has been added to state that ``A major

stationary source or major modification shall meet the most stringent

of each applicable emissions limitation in the chapter and the

applicable emissions standard under section 4-41, Rules 15 and 16.''

(Rules 15 and 16 are their incorporation by reference of the

requirements of 40 CFR parts 60 and 61.)

Rule 18.4(e)--This paragraph has been added to address BACT review,

in accordance with 40 CFR 51.166(j)(4).

Rule 18.4(g)--This paragraph has been modified to add subparagraph

(2) to address source impact analysis for stationary sources or

modifications for increases in PM10, in accordance with 40

CFR parts 51.166 (d) and (k).

Rule 18.4(h)--This paragraph has been modified to address

additional requirements for submitting applications for sources

impacting Federal Class I areas. A copy of the permit is required to be

sent to the Federal Land Manager. The copy of the permit must be sent

within 30 days of the application, and at least 60 days before any

public hearings. The notification must include an analysis of the

proposed source's impact on visibility in the Federal Class I area.

These requirements are consistent with those in 40 CFR 51.166(p).

Rule 18.6(b)--Class I areas: The ambient air increments for TSP

have been deleted and replaced with the ``Maximum allowable increase''

for PM10. The ``annual geometric mean'' for TSP, formerly 5

ug/m3, is now an ``annual arithmetic mean'' for

PM10 of 4 ug/m3. The ``24-hour maximum'' of 10

ug/m3 for TSP has been deleted and replaced with a 24-hour

maximum of 8 ug/m3 for PM10. The ``Annual

arithmetic mean'' for Nitrogen Dioxide has also been added. This is set

at 2.5 ug/m3.

Class II areas: The ambient air increments for TSP have been

deleted and replaced with the ``Maximum allowable increase'' for

PM10. The ``annual geometric mean'' for TSP, formerly 19 ug/

m3, is now an ``annual arithmetic mean'' for PM10

of 17 ug/m3. The ``24-hour maximum'' of 37 ug/m3

for TSP has been deleted and replaced with a 24-hour maximum of 30 ug/

m3 for PM10. The ``Annual arithmetic mean'' for

Nitrogen Dioxide has also been added. This is set at 25 ug/

m3.

Class III areas: The ambient air increments for TSP have been

deleted and replaced with the ``Maximum allowable increase'' for

PM10. The ``annual geometric mean'' for TSP, formerly 37 ug/

m3, is now an ``annual arithmetic mean'' for PM10

of 34 ug/m3. The ``24-hour maximum'' of 10 ug/m3

for TSP has been deleted and replaced with a 24-hour maximum of 60 ug/

m3 for PM10. The ``Annual arithmetic

[[Page 43107]]

mean'' for Nitrogen Dioxide has also been added. This is set at 50 ug/

m3.

These changes were made in accordance with the requirements of 40

CFR 51.166(c).

Rule 18.6(c)--The exclusions from increment consumption have been

revised to add an exclusion for ``the increase in concentrations

attributable to new sources outside the United States over the

concentrations attributable to existing sources which are included in

the baseline concentration.''

Rule 18.6(d)--The Class I variances have been revised. The maximum

allowable increase has been changed by deleting those previously

allowed for TSP and adding them for PM10. The ``annual

geometric mean'' for TSP, formerly 19 ug/m3 is now an

``annual arithmetic mean'' for PM10 of 17 ug/m3.

The ``24-hour maximum'' of 37 ug/m3 for TSP has been deleted

and replaced with a 24-hour maximum of 30 ug/m3 for

PM10. The ``Annual arithmetic mean'' for Nitrogen Dioxide

has also been added. This is set at 25 ug/m3. This is

consistent with the requirements of 40 CFR 51.166(p)(4).

Rule 18.6 (e) and (f)--A sulfur dioxide variance, by the Governor,

has been added to this rule, along with emission limitations for

Presidential or gubernatorial variances. These are consistent with 40

CFR 51.166(p) (5) and (6).

5. Section 4-41, Rule 20.4(2)d

This rule has been revised to delete the phrase ``that are removed

during surgery and autopsy'' when referring to human pathological

waste.

6. Section 4-41, Rule 21

``Table 1'' has been renamed as ``Table I.'' The Primary standards

for TSP have been deleted. The secondary standard of 60 ug/

m3 has also been deleted, leaving the secondary standard of

150 ug/m3 in place. The primary standards for gaseous

fluorides have been deleted, leaving in place only the secondary

standards.

7. Section 4-41, Rule 25.2(33)

The definition of VOCs has been revised to add the phrase ``which

participates in atmospheric photochemical reactions.''

Parachlorobenzotrifluoride (PCBTF) and cyclic, branched, or linear

completely methylated siloxanes have been added to the list of exempt

compounds.

8. Section 4-41, Rule 27, Particulate Matter Controls for New

Sources and New Modifications

This rule has been added to impose the requirement for the

utilization of BACT in appropriate cases for particulate matter. A new

source which emits fifteen (15) tons per year (tpy) or more of

PM10, or more than twenty-five (25) tons per year

particulate matter shall utilize ``particulate matter best available

control technology'' (particulate BACT). This rule is consistent with

the requirements and definitions in 40 CFR 51.166(b).

9. Section 4-41, Rule 9.4

This rule has been deleted, thereby deleting the former requirement

that vehicle testing be part of the semiannual safety lane inspection.

This rule was not required in Chattanooga/Hamilton County and has never

been implemented in this area.

10. Section 4-41, Rule 26.8(1)(b)

This rule for grain elevators has been revised to correct the

spelling of the word ``sieve.''

The following revisions are those included in the June 26, 1996,

submittal (reference file TN 179-01).

11. Section 4-2

The definitions for the following terms have been added and are

equivalent to the definitions in 40 CFR 51.100: PM10,

PM10 emissions, and Total Suspended Particulate. The

definitions for ``pathological waste'' and ``pathological waste

incinerator'' have been deleted. Definitions for ``malfunction'' and

``opacity'' have been added which are equivalent to the definitions in

the State's SIP. These definitions are as follows:

Malfunction--Any sudden and unavoidable failure of air pollution

control equipment, fuel-burning equipment, refuse-burning equipment or

process equipment, or for a process to operate in an abnormal or

unusual manner. Failures that are caused by poor maintenance, careless

operation, or any other preventable upset condition or preventable

equipment breakdown shall not be considered malfunctions.

Opacity--The degree to which emissions reduce the transmission of light

and obscure the view of an object in the background.

12. Section 4-41, Rule 7.4

This rule has been deleted, thereby deleting the particulate

emission limitations for pathological waste incinerators. These have

been moved to Rule 20 of the local regulations.

13. Section 4-41, Rule 19. Regulation of Lead Emissions

A new lead rule was added to the SIP. This rule includes

definitions for the following terms: Significant source of lead,

Source, and Permit unit. These definitions are consistent with the

requirements of 40 CFR 51.100 and 51.117. The general limitations for

lead emissions have been established. New sources with actual emissions

greater than 5.0 tons per year are required to utilize BACT. Any

modifications to a source which result in an increase of emissions in

excess of 0.6 tons per year must also use BACT. Source sampling and

analysis, along with ambient monitoring, are also required, in

accordance with 40 CFR 51.100 and 51.117.

14. Section 4-41, Rule 22. Good Engineering Practices Stack Heights

This rule has been added to fully address the requirements for

stack heights. It is consistent with the requirements of 40 CFR 51.100

and 51.118.

a. Definitions--Definitions which are consistent with 40 CFR 51.100

have been added for the following terms: Dispersion technique, Emission

limitation, Good engineering practice, Excessive concentration, stack,

and A stack in existence.

b. Stack height requirements and specific emissions limitations

have been included in this rule in accordance with the requirements of

40 CFR 51.118.

15. Section 4-41, Rule 25.2

The definition for ``prime coat'' has been changed from ``* * * in

a multiple-coat operation'' to ``* * * to a multiple-coat operation.''

16. Section 4-41, Rule 25.21(6), Surface Coating of Miscellaneous Metal

Parts and Products

This rule has been revised to expand its application to facilities

with potential VOC emissions of twenty-five (25) tons per year, rather

than the former level of 100 tons per year. This approval corrects the

previous disapproval of this rule which was published on May 8, 1990,

in 55 FR 19068. It was disapproved at that time because the 100 tpy

limit was less stringent that the State's regulations and was not

adequate to maintain the NAAQS in Chattanooga/Hamilton County.

17. Section 4-41, Rule 25.27(3), Manufacture of Synthesized

Pharmaceutical Products

This rule has been revised to expand application to facilities with

potential VOC emissions of twenty-five (25) tons per year, rather than

the former level of 100 tons per year.

[[Page 43108]]

Final Action

The EPA is approving the aforementioned revisions contained in the

State's December 11, 1995, and June 26, 1996, submittals. EPA is also

approving these same revisions in the Hamilton County Code and the

city/town codes of the remaining municipalities in Hamilton County,

Soddy-Daisy, Ridgeside, Signal Mountain, Walden, Lookout Mountain, East

Ridge, Red Bank, Collegedale, and Lakesite. Although EPA has not

reviewed the substance of the regulations for Hamilton County or the

other nine municipalities, the substantive codes of Hamilton County and

the nine municipalities rules have been certified by the State as

essentially the same as the City of Chattanooga's regulations. The

EPA's approval of these additional ordinances for the County and the

remaining nine municipalities does not imply any position with respect

to the approvability of the substantive rules.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective October 14, 1997 unless, by September 11, 1997, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective October 14, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, the Regional

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2) and 7410(k)(3).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under Section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by October 14, 1997. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting

and recordkeeping requirements.

Dated: July 16, 1997.

A. Stanley Meiburg,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of Federal Regulations, is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42.U.S.C. 7401-7671q.

Subpart RR--Tennessee

2. Section 52.2220, is amended by adding paragraph (c)(154) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

[[Page 43109]]

(154) Revisions to Chattanooga/Hamilton County portion of the

Tennessee state implementation plan submitted to EPA by the State of

Tennessee on December 11, 1995, and June 26, 1996, regarding nitrogen

oxides, prevention of significant deterioration (PSD), lead sources,

stack heights, infectious waste incinerators, and volatile organic

compound (VOC) reasonably available control technology (RACT) for

miscellaneous metal parts coaters and synthesized pharmaceutical

products, and PM10.

(i) Incorporation by reference.

(A) Chapter 4, Section 4-13 except (b)(6), and Section 4-41, Rules

2.4, 2.6, 2.7; 16.5; 18; 20.4(2)d, 21, 25.2(33), 27; 3.5; 8, Table 1;

9.4, 13.1, and 26.8 of the ``Chattanooga Air Pollution Control

Ordinance,'' adopted on August 15, 1995.

(B) Section 13, except (b)(6); Section 41, Rules 2.4, 2.6, 2.7;

16.5; 18; 20.4(2)d; 21; 24.2(33); 26; 27; 3.5; 8, Table 1; and 13.1;

and Section 8(f)(4) of the regulation known as the ``Hamilton County

Air Pollution Control Regulation,'' adopted by Hamilton County on

September 6, 1995. The identical regulations were also adopted by the

following municipalities as part of their air pollution control

ordinances: Signal Mountain, adopted on December 11, 1995; Walden,

adopted on December 12, 1995; Lookout Mountain, adopted on November 14,

1995; and Ridgeside, adopted on April 16, 1996.

(C) Chapter 7 for Section 8-713, except (b)(6); Section 8-741,

Rules 2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); to Chapter 3

for Section 8-541, Rule 26; and to Chapter 7, Section 8-741, for Rules

27; 3.5, 8, Table 1, and 13.1; Section 8-708(f)(4) of the ``East Ridge

City Code,'' adopted on September 28, 1995.

(D) Chapter 3: Section 8-313, except (b)(6); Section 8-341, Rules

2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8,

Table 1; and 13.1; and Section 8-308(f)(4) of the ``Red Bank Municipal

Code,'' adopted on November 7, 1995.

(E) Chapter 1: Section 8-113, except (b)(6); Section 8-141, Rules

2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8,

Table 1, and 13.1; and Section 8-108(f)(4) of the ``Soddy-Daisy

Municipal Code,'' adopted on October 5, 1995.

(F) Chapter 3: Section 8-513, except (b)(6); Section 8-541, Rules

2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8,

Table 1; and 13.1; and Section 8-108(f)(4) of the ``Collegedale

Municipal Code,'' adopted on October 2, 1995.

(G) Chapter 3, Section 41, Rules 19; 21; 22; 25.2(21); 26; 27; 3.5;

8, Table 1; and 13.1; and Section 8(f)(4) of the ``Lakesite Municipal

Code'' adopted November 16, 1995.

(H) Chapter 4: Section 4-2; Section 4-41, Rules 19; 21, Table 1;

22; 25.2; 25.21(6); and 25.27(3) of the ``Chattanooga Air Pollution

Control Ordinance,'' adopted on May 30, 1989.

(I) Section 9, Rules 19; 21, Table 1; 22; 25.2; 25.21(6); and

25.27(3); and Section 16 of the regulation known as the ``Hamilton

County Air Pollution Control Regulation,'' adopted on June 7, 1989.

* * * * *

[FR Doc. 97-21270 Filed 8-11-97; 8:45 am]

BILLING CODE 6560-50-P